Waiving Child Support : California Divorce & Child Support
Hi, Tim Blankenship here with divorce661.com. In this video we are going to address the question if child support can be waived in a California divorce. The question is can you waive child support in a divorce.
Let me set up the scenario for you. Let’s assume that you’re going through a divorce and the other spouse is not participating and you don’t want to pay or receive child support for one reason or another.
When that happens what I sometimes see people do when they’re trying to do their own divorce is they will put in their judgment, their divorce judgment, final paperwork you turn into the court, and they’ll say no child support requested. You can’t do that. You can ask for there not to be child support but you cannot say no child support.
The courts going to want to know based on incomes of the parties what the child support should be. What the guideline amount should be. Now, you can get away with not having child support, but there’s a specific way to do that, and that way is to have the jurisdiction reserved over the issue of child support.
So while you can’t say no child support, you can say the court will retain jurisdiction for future determination over child support, and that’s the way you can get out of paying for child support.
I’m going to do another video as well, probably right behind this one to explain to you how you can ask for a ZERO support order even though child support may be ordered in a certain amount normally, based on income and time share. So make sure to watch that.
So just real quick recap, no you cannot waive child support. There has to be an order for support or you have to ask the court to retain jurisdiction over the issue of child support for your judgment to be approved on that issue. Tim Blankenship, divorce 661.com. If you have any questions just give me a call or you can go to my website for more information at divorce661.com. Thanks for watching.